U.S. Immigration and Customs Enforcement (ICE) today announced an extension of the flexibilities in rules related to Form I-9 compliance that was granted earlier this year. The Department of Homeland Security (DHS) will extend this policy until March 31, 2021. On March 19, 2020, DHS announced that it would exercise prosecutorial discretion to defer the… Continue reading ICE Extends the I-9 Flexibility Rules Related to Form I-9 for Remote Work
And you thought he was done. Not even close. When your goal is to destroy legal immigration and make it out of reach for everyone but, the richest, you keep fighting to the end and that is exactly what the Trump Administration is doing. Today, the DOL released in Final Rule format the rule they… Continue reading “New” DOL Regulations !
Recently, the DOJ has filed a lawsuit against Facebook over its PERM program. At its core, the complaint alleges that Facebook did not advertise as effectively or recruit as aggressively for its positions associated with PERM applications as it did for other openings. An excerpt from the press release is telling: “In its investigation, the… Continue reading DOJ vs. Facebook
The Department of Justice (DOJ) finalized a settlement agreement with Fleetlogix Inc. (Fleetlogix) regarding claims that they discriminated again non-US citizens who were work authorized. Fleetlogix is based in San Diego, California and operates offices nationwide that provide cleaning and transportation services to rental car companies. Specifically, the DOJ alleged that Fleetlogix required these non-US… Continue reading Company Fined $627,000 for I-9 Anti-Discrimination Provision Violations
The USCIS posted a reminder to F-1 students working on OPT and OPT STEM about monitoring the duration of all periods of unemployment as exceeding the cumulative allowance can leave a student without legal status and impact future change of status filings. One of the most common RFE’s issued in H-1b cap cases is demanding… Continue reading USCIS Reminder to F-1 Students
Lawsuits against the USCIS do work and spur change. As a result of a class action lawsuit filed by AILA member Rob Cohen, which challenged the post-approval delays in EAD issuance, USCIS will now allow people to show the I-797 approval notice as proof of authorization to work: See this update on I-9 Central The… Continue reading Changes to I-9 Rules
The DOL has recently announced that the USCIS has agreed to start sharing data with the DOL regarding potential LCA violations that are detected as part of a non-immigrant or immigrant petition filing. For example, if an H-1b worker is transferring her H-1b petition from Co. A to Co. B and the last pay-stubs presented… Continue reading DOL and USCIS Playing Nice
On Jan. 31, 2020, USCIS published the Form I-9 Federal Register notice announcing a new version of Form I-9, Employment Eligibility Verification. This new version contains minor changes to the form and its instructions. Employers should begin using this updated form as of Jan. 31, 2020. Employers may continue using the prior version of the… Continue reading New Form I-9
Possible H-1b abuse by Uber ? Check out this report in the Mercury News. The report that they are filing for senior level software engineer positions at a level 2 OES wage appears to be a direct contravention of well-established DOL rules. Hopefully, after this practice has been brought to light, the company will take… Continue reading H-1b Abuse ?
Yes, H-1b fraud is real; less prevalent than the White House would have you believe but, more prevalent than many in the industry want to admit. As a recent CEO discovered, fraudulent acts can lead you to prison. Check out the story of this CEO who was recently sentenced to 7 years behind bars.
It is being reported by Forbes, that ICE has now started site investigations of OPT STEM workers to verify that their employment is in compliance with USCIS regulations and policy. The 2 primary questions they are likely to address are: 1. Is the student being paid at least a Level 1 prevailing wage ? and… Continue reading Site Investigations of OPT STEM Students